Remediation OAC 3745 300 11 Certified Professional 8 Hour Training - PowerPoint PPT Presentation

Remediation OAC 3745 ‐ 300 ‐ 11 Certified Professional 8 ‐ Hour Training Dan Tjoelker

Overview • VAP remediation requirements • Complete pathways to off ‐ property receptors • Types of remedies • Documentation of remedies • Changes to remedies • Technical guidance documents 2

Background • Phase II = identify COCs • Applicable risk goals – Excess cancer = 1 x 10 ‐ 5 – Excess non ‐ cancer = 1 • Decision for remedy if risk goals are exceeded 3

Conducted when COCs do not comply with: • Generic standards (Rule 08) • PSRA standards (Rule 09) • Background levels (Rule 07) • Any other applicable VAP standard 4

Pathway omission • The statute specifies that the CNS covers all releases, including those that have left the property • Volunteer must demonstrate diligent efforts to implement remedy to off ‐ property receptor • If unable, pathway can be omitted 5

Pathway omission process • Determine off ‐ property receptors • Determine potential pathways • Provide each property owner written notice of potential pathways and potential associated risks 6

Pathway omission process • Explain to owner activities that may be employed as part of the investigation • Offer to pay all costs • Document all discussions/correspondence with owners where they refused the remedy • Document any other reason that prevented installation of remedy 7

Requesting the pathway omission • Must be done before NFA letter is issued • Must document all the steps outlined in the process • Must incur the costs of the agency review • The agency will generally approve a request within ninety days after receipt 8

Interim Measures • Property not meeting applicable standards prior to issuing an NFA letter • Conducted prior to remedy achieving applicable standards • Must be protective of human health and environment 9

Types of remediation • Active remediation • Passive remediation • Institutional controls • Engineering controls 10

Active Remediation • Reduces mass, toxicity, or mobility of COC • Most common is soil removal 11

Passive Remediation • Remedial activities relied upon as in situ natural methods and documented in peer ‐ reviewed scientific literature , which reduce the mass, toxicity, mobility or concentration of a chemical of concern over distance and time through natural attenuation processes 12

Natural attenuation processes • Adsorption • Absorption • Advection • Dispersion • Diffusion • Dilution from recharge • Volatilization 13

Other types of natural attenuation • Aerobic biodegradation • Anaerobic biodegradation • Chemical oxidation processes • Hydrolysis and other reactions 14

Monitored natural attenuation • Natural attenuation conclusion must be supported • Standards met during a certain time frame 15

Institutional Controls • Established by recording deed restriction • Transferable • Eliminates or mitigates exposure to hazardous substances or petroleum • Monitored, maintained, and enforced 16

Engineering Controls • Relies on its ability to block a complete exposure pathway • Must be reliable for the climatic conditions and activities at the property to which the control will be applied • Monitored and maintained per operation and maintenance plan 17

Examples of Engineering Controls • Pavements acting as barrier caps • Soil caps to eliminate direct contact to chemicals or prevent groundwater contamination • Foundations and building floor slabs • Sub ‐ slab vapor diversion systems 18

Risk Mitigation Measures and Risk Mitigation Plans • Contained in risk mitigation plan • Implemented as ‒ Condition of covenant, or ‒ Within O&M plan • Must have periodic reporting 19

Risk Mitigation Measures • Needed when there is potential exposure to construction workers before or after issuance of NFA • Apply if POC is breached • Safety precautions to mitigate or eliminate human exposure 20

Risk Mitigation Measures • Documented in risk mitigation plan if measures are necessary for the property to meet applicable standards after issuance of the no further action letter 21

Documentation of remedial activities • Environmental covenant • Risk mitigation plan • Operation and Maintenance Plan 22

Environmental Covenant • Required for “environmental response projects” with institutional controls • Applies to properties with NFA letters that request a CNS • Institutional controls = Activity and Use Limitations (AULs) 23

Environmental Covenant http://epa.ohio.gov/derr/volunt/volunt.aspx 24

Environmental Covenant • CP must submit draft with NFA Letter • Should discuss language with VAP prior to issuance of NFA • CP should discuss implications of AULs with Volunteer • Recordation of environmental covenant within 30 days of CNS issuance 25

Risk Mitigation Plan • Required if the risk mitigation measures are necessary for the property to meet applicable standards after issuance of the NFA letter 26

Risk Mitigation Plan Contents • Purpose of the plan, including summary of potential health risks • Specific precautions against exposure • Directions on how to handle environmental media • Locations on property where plan will be implemented 27

Risk Mitigation Plan Contents • Provisions for when the plan will be implemented • Provisions for notifying construction workers • Summary explanation of precautions • Annual notification provisions • Criteria for termination 28

Operation and Maintenance Plan • Required when: – Engineering control is employed – Any remedial activity not completed prior to NFA issuance 29

Operation and Maintenance Plan Contents • Summary of applicable standards • Plan for implementation • Plan for evaluating effectiveness • Description of equipment • Plan for adjustments 30

Operation and Maintenance Plan Contents (cont.) • Address potential problems • Placeholder for keeping records • Plan for termination of remedial activities 31

Operation and Maintenance Plan Reporting • At least annually • Demonstrate efficacy of remedy • Report on contingency measures • Confirm remedy is still in place 32

Operation and Maintenance Agreement • Generic template available through VAP • O&M plan and agreement must be submitted with NFA Letter • O&M agreement negotiated after submittal 33

Changes to the remedy post ‐ CNS • Volunteer may choose to change the remedy • Collect data necessary to support new remedy • Maintain existing remedy until the new remedy is implemented 34

Remedy revision notice • Description of remedial activities • Statement from CP that property meets applicable standards • List of information used to justify new remedy • Description of new remedy • New environmental covenant or O&M plan, as applicable 35

Remedy revision acknowledgment • Agency does not review remedy • Property can be considered for compliance audit • TA account must be opened if O&M plan, agreement or environmental covenant changes 36

Remedy revision approval • Volunteer opens a TA account for the cost of agency review and approval letter • No compliance audit expectations 37

Technical decisions relating to remedies • http://epa.ohio.gov/portals/30/vap/tgc/TGC_Index.pdf • Archived decisions available for informational purposes only • Four relate to remedies 38

Passive remedy for potential future exposure scenarios • Passive remedy can be implemented to protect on and off ‐ property receptors • Requires O&M plan • CP must demonstrate that the remedy is appropriate for site 39

Injection wells • Formal injection permit may not be necessary if fluids do not exceed standards • CP must apply and receive 5X26 exemption for remedial projects • More information found at: http://epa.ohio.gov/ddagw/UIC.aspx 40

Hazardous Waste Reporting Requirements • Comply with annual reporting requirements found in 3745 ‐ 52 ‐ 41 if Volunteer: – Generates 1000 kg hazardous waste/month (or subject to 3745 ‐ 52 ‐ 34) and, – Ships hazardous waste off ‐ site 41

Hazardous Waste Reporting Requirements Further information: • http://epa.ohio.gov/dmwm/Home /HWAnnualReportProgram.aspx • Division of Materials and Waste Management – (614) 644 ‐ 2917 42

Fence as a Remedy • Q : Fence = engineering or institutional control? • A : Fence = engineering control 43

Fence as a Remedy • CNS is void if fence is damaged or compromised and is part of AUL • Opportunity to cure if fence is damaged or compromised and is part of engineering control 44

Fence as a Remedy • Numerous scenarios for fence to be compromised • Fence within engineering control allows volunteer to inspect and repair; avoiding CNS voidance 45

Remedy Top Mistakes List  No remedy implemented in absence of O&M plan  No O&M for engineering control  Slab or foundation omitted as engineering control 46

Remedy Top Mistakes List  Construction worker risk not mitigated  No Risk Management Plan included  Effectiveness of remedy not documented 47